§ 220.01 - Definitions.

As used in this part, unless the content otherwise indicates:

(a) Act means the Airline Deregulation Act of 1978, Public Law 95-504, 92 Stat. 1705.

(b) Air Carrier means an air carrier certificated under section 401 of the Federal Aviation Act of 1958 (49 U.S.C. 1371).

(c) Center means the entity or location which from time to time may be designated by the Secretary to receive, maintain and distribute the job listing information required by this part.

(d) Corporate officer means an individual who holds any officer's position established pursuant to the Articles of Incorporation or bylaws of any air carrier, or who is otherwise identified as an officer by any air carrier, in filings with the Federal Aviation Administration, Civil Aeronautics Board or Securities and Exchange Commission or in any reports to stockholders or any public communications of an air carrier.

(e) Covered air carrier means an air carrier which was certificated prior to October 24, 1978 (A listing of such carriers appears as an appendix to this part).

(f) Designated employee means a protected employee who meets the eligibility requirements set forth in § 220.10.

(g) Effective period means the period commencing on the effective date of these regulations and ending on the later of:

(1) October 23, 1988, or

(2) The last day of the final month in which the Secretary is required to make a payment under section 43 of the Act; except that nothing in these regulations shall preclude the exercise of statutory rights and duties between October 24, 1978, and the effective date of these regulations.

(h) Eligibility period means the ten-year period beginning on October 24, 1978.

(i) Employment relationship means an attachment to a covered air carrier which includes, but is not limited to, compensated service, furlough, leave, or strike.

(j) Equal employment opportunity requirement means a specific equal employment requirement, pursuant to a Federal court or administrative order, consent decree, or conciliation agreement, requiring that named individuals or specific members of a class are entitled to relief by virtue of the carrier's unlawful employment discrimination.

(k) Occupational specialty means the class, craft, or field of endeavor in which an individual was employed at the time of separation from a covered air carrier or in which the employee was employed during the 12 months immediately preceding the date of separation.

(l) Protected employee means a person other than a member of the Board of Directors or corporate officer of a covered air carrier:

(1) Who had an employment relationship with a covered air carrier on October 24, 1978, and

(2) Who on October 24, 1978, had four years of employment or four years accrued seniority with a single covered air carrier. The term employee shall include any full or part-time employee other than an employee in seasonal or temporary employment as defined herein. As used herein four years of employment shall mean not less than 48 months (whether or not consecutive) in which the employee actually completed the minimum number of hours of regular employment required for such employee's craft, class or position under the then applicable requirements of the employing carrier.

(m) Seasonal employment means employment during limited periods of the year due to peak market conditions or other factors which are periodic in nature, and in positions which do not confer seniority or recall rights.

(n) Secretary means the Secretary of Labor of the United States.

(o) Temporary employment means employment of limited duration which does not confer seniority or recall rights.

(p) Terminated, means, unless expressly provided to the contrary, termination of employment, other than for cause.

(q) Terminated for cause means the separation of an individual from employment initiated by an air carrier for violation of such carrier's rules, policies, procedures, or practices pertaining to employee standards of conduct, job performance, or dependability.

(r) Vacancy means an employment opportunity other than seasonal or temporary employment, which an air carrier seeks to fill from outside its existing or furloughed work force.